Whether an employer's multiple evaluation attempts and termination of an employee after failed performance assessments constitute unlawful race and age discrimination under Title VII and the ADEA

No question identified. : To the Honorable Samuel A. Alito, Jr., of the Supreme Court of the United States and Circuit Justice for the Fifth Circuit: Pursuant to Supreme Court Rule 13.5, Petitioner Ronnie Coleman respectfully requests an extension of time of 45 days to file a Petition for a Writ of Certiorari in this Court up to and including October 1, 2025. JUDGMENT FOR WHICH REVIEW IS SOUGHT The judgment for which review is sought is Ronnie Coleman v. Chevron Phillips Chemical Company LP, 5* Cir. case no. 24-20244 (attached as Exhibit 1). The judgment was issued on May 27, 2025, and the petition for rehearing was denied on May 19, 2025, which means a Petition is presently due on August 17, 2025. This application for an extension of time is filed more than ten days in advance of that date. JURISDICTION This case arises under Title VII of the Civil Rights Act of 1964, § 701 et seq., 42 U.S.C. § 2000e et seq.; the Age Discrimination in Employment Act of 1967, § 2 et seg., 29 U.S.C. § 621 et seqg.; and the Employee Retirement Income Security Act of 1974, § 2 et seq., 29 U.S.C. § 1001 et seq. REASONS FOR GRANTING EXTENSION OF TIME Good cause exists for the requested extension. The undersigned attorneys were retained to represent the Petitioner within the last week. Consequently, Petitioner’s Counsel of Record, Michael M. Berger, requires extra time to file a Petition in this case in order to fully review the entire record below, craft the petition, and meet other deadlines and professional obligations. Mr. Berger also underwent colon resection surgery recently and needed time to recuperate. This is the Petitioner’s first request for an extension of time. CONCLUSION For the foregoing reasons, Petitioner requests that this Court grant an extension of 45 days, up to and including October 1, 2025, within which to file a Petition for a Writ of Certiorari. Michael M. Berger Manatt, Phelps & Phillips Counsel for Petitioner AFFIDAVIT OF SERVICE I, Michael M. Berger, being duly sworn according to law and being over the age of 18, upon my oath depose and say that: I am retained by Counsel of Record for the Petitioner, and certify that on July 25, 2025, I caused a true copy of the foregoing APPLICATION TO THE HONORABLE SAMUEL A. ALITO, JR. FOR AN EXTENSION OF TIME WITHIN WHICH TO FILE A PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT to be served via U.S. mail and email to the following counsel: Marlene C. Williams, Brooke Jones, Ogletree Deakins Nash Smoak & Stewart, P.C., One Allen Center, 500 Dallas Street, Suite 2100, Houston, TX 77002, (713) 655-0855, I declare under penalty of perjury that the foregoing is true and correct. Executed on this 25th day of July, 2025. Michael M. Berger MANATT, PHELPS & PHILLIPS Counsel for Petitioner 2049 Century Park East, Suite 1700 Los Angeles, CA 90067 (310) 312-4185 mmberger@manatt.com Case: 24-20244 Document: 62-1 Page:1 Date Filed: 03/21/2025 Guited States Court of Appeals for the Stith Circutt United States Court of Appeals No. 24-20244 Fifth Circuit FILED March 21, 2025 RONNIE COLEMAN, Lyle W. Cayce Clerk versus CHEVRON PHILLIPS CHEMICAL COMPANY, L.P., Defendant— Appellee. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:23-CV-350 Before WIENER, STEWART, and SOUTHWICK, Circuit Judges. PER CURIAM:* Plaintiff-Appellant Ronnie Coleman claims that his former employer, Defendant-Appellee Chevron Phillips Chemical Company LP (“CPChem”), discriminated against him based on his race and age. We AFFIRM the judgment of the district court. * This opinion is not designated for publication. See 5TH C1R. R. 47.5. Case: 24-20244 Document: 62-1 Page:2 Date Filed: 03/21/2025 No. 24-20244 I. CPChem hired Coleman, who is Black and was then 57 years old, to work as a process operator in its Pasadena plastics complex. He contends that, throughout his training, he was harassed by his White training supervisor, Wayne Kline. A